Importers of Oil
Please quote
our ref. GLC/LH London, 27th June, 19 ...
The Captain
and/or Owners of
m/t "Moscovsky Festival"
Dear Sir(s),
re: m/t "Moscovsky Festival," Buenos Aires/Hull
May 15th to May 30th, 19 . . ., Bill of Lading
quantities:
LINSEED OIL QUALITY "A"—3,452,211 kilos
LINSEED OIL QUALITY "B"—6,836,920 "
W
e
have received the Outturn Woighis of
Пи*
above
cargo
119
and find that whereas Quality "A" has apparently been fully discharged, Quality "B" shows a loss of 18,475 kilos on the Bill of Lading weight.
We are, therefore, holding you responsible for this loss.
Yours faithfully,
British Oil Products Limited
L W. Worthington
Acting Manager
6. Reply to the above letter repudiating the claim for shortage
Hull, 29th June, 19 ...
The British Oil Products, Ltd., 12 Fenchurch Street, London, E. C, England.
Your ref. GLC/LH.
Dear Sirs,
Re: Linseed Oil ex rn/t "Moscovsky Festival" on 26th June, 19 ...
I
n
reply to your letter of the 27th inst. I wish to inform you that
I am not in a position to admit your claim regarding the alleged loss
of 18,475 kilos of the cargo for the following reasons.
The Bill of Lading for this consignment contains a remark "Shipper's weight" and a clause "Weight, quantity and quality unknown to me," which itself relieves the Carrier from liability.
Apart from this, on arrival to Hull and prior to discharge, measurements of all tanks were taken jointly with your representative, Mr. A. W. Powell, as well as with a Custom House Officer. The figures obtained coincide with the data of the measurements taken after loading in Buenos Aires, insignificant discrepancies being within the limits allowed.
While discharging in Hull we had no abnormal loss and/of spillage. The shorelines and the flexible hoses which were empty be fore use were blown clear after pumping. \
For your ready reference I enclose herewith a copy of the Statement of Ullages taken after loading in Buenos Aires and a copy of the Statement of Ullages taken in Hull before discharging as well as a copy of the Tank Inspection Certificate. The two latter documents were approved and signed in Hull both by your representative and by the Custom House Officer.
Yours faithfully, V, N. Antonov
Master of the m/t "Moscovsky Festival" Enclosures: 3 copies. 120
7. Counter remark to be made by the Captain in case of similar claims for short delivery of, or damage to, cargo (turbidity, non-correspondence to Certificate of Quality, etc.)
Under the Bill of Lading covering this consignment the vessel accepted the cargo for shipment with the reservation "Weight, quantity and quality unknown to me." The Shipowners, therefore, are not responsible for the quantity and the quality of the goods.
Master of the m/t, m/v " "
8. Letter to the cargo receivers in reply to their request for fractional layer discharging of oil
Liverpool, 17th July, 19 ...
Messrs. M. L. Worthington & Co., Oil Importers, c/o Messrs. J. S. Williams & Co., Ship Agents, 17 Fenchurch Street, London, E. C, England.
Dear Sirs,
Re: 9500 tons of Edible Oil under B/L Nos. 2732, 3734, 4657, by m/t "Gorky," ar'd 16.07.19 , . .
In connection with your request to pump out part of the cargo (viz.: bottom layer Г-2' deep) into barges and the rest of the cargo into shore tanks, I wish to point out the following.
As per clause in the Bill of Lading—"Weight, quantity and quality unknown to me" — the Carrier is not responsible for the weight and quality of the cargo.
However, we are bound to deliver the cargo in the same good order and condition as loaded or, in other words, in accordance with the measurements taken after loading and in conformity with the samples taken from each tank on completion of loading.
Therefore, if you insist upon such a fractional layer discharging, I would kindly ask you to send your representative aboard our vessel for taking joint measurements and samples. Duplicate samples, jointly taken and sealed, will be kept on board for further reference.
The figures obtained from these measurements and analyses will enable you to give us clean receipts for the cargo in question, after which we shall immediately start discharging in full compliance with your instructions.
It is, of course, understood that inasmuch as such discharging does not strictly conform to the established custom and practice you will bear all the responsibility, as well as the expenses and/or consequences arising therefrom, which please confirm.
Your faithfully, V. I. Shtlov Master of the m'I "Gorky"
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